NO SPECIAL ACCESS RIGHTS FOR GRANDPARENTS IN ZIMBABWE? AN EVALUATION OF OUR LAW AFTER MACHIKA V MAKONI HH-271-23

This article seeks to evaluate Zimbabwean law concerning the right of grandparents to access their grandchildren following a recent High Court judgment on the issue.

STIFF RESTRICTIONS ON THE EXPORT OF UNBENEFICIATED BASE MINERAL ORES FROM ZIMBABWE: THE EFFECT OF STATUTORY INSTRUMENT 05 OF 2023 (SI 05 OF 2023)

INTRODUCTION Zimbabwe is a very rich country endowed with a highly diversified mining sector of over forty (40) mineable resources including, but not limited to, lithium, asbestos, iron ore, gold, diamonds, coal, gemstones, granite, manganese, chrome, and copper.[1] The mining sector contributes significantly to the country’s export earnings.[2] Zimbabwe’s mining sector presents a great opportunity

Voluntary Corporate Rescue as a lifeline for distressed businesses – Zimbabwe

It is common economic parlance, that there are worldwide supply chain problems. The war in Europe and other global issues have resulted in higher inflation and an increasingly uncertain economic outlook, which has negatively affected companies globally, and specifically in Zimbabwe.  In addition, research from Morgan & Co, published in their Economic Outlook Report 2023,

UNDERSTANDING THE CLAIM OF UNJUST ENRICHMENT

In this week’s article we discuss the claim of unjustified enrichment. A claim for unjust enrichment is used to describe a situation wherein one party benefits at the other party’s expense, in circumstances where the law considers to be unjust. Thus, a claim for unjust enrichment may be an appropriate basis of claim in a

Corporate Governance in Microfinance in Zimbabwe

On the 6th of January 2023, the Registrar of Microfinance Institutions (hereinafter ‘the Registrar’) released a press statement highlighting that following an onsite examination of the Zimbabwe Women’s Microfinance Bank Limited in December 2022, corporate governance weaknesses were identified at the institution. This is not the only institution that has been found wanting, in corporate

Board evaluations for effective governance in Zimbabwe

The idea of self-assessment is one that is uncomfortable to many individuals. It is a daunting task because of the fear of discovering inadequacy or some other insufficiency during the process. More so for those individuals in the public eye or those held with high regard in society, as they are more likely to suffer

The African Continental Free Trade Area Agreement (AfCFTA)- What is in it for Zimbabwean businesses?

“It is clear that we must find an African solution to our problems, and that this can only be found in African unity. Divided we are weak; united, Africa could become one of the greatest forces for good in the world.” – Kwame Nkrumah The African Continental Free Trade Area (“AfCFTA”) is finally here and

UNPACKING ASSIGNMENT CLAUSES – A broad overview

We often see the clause below in many agreements we enter into; “ASSIGNMENTNo party may assign, transfer, sub-contract or otherwise part with this agreement or any partthereof or any right or obligation under it, without obtaining the other party’s prior writtenconsent thereto.ORA party may assign its rights under this Agreement to any affiliated entity which directly

Law on Guarantees in Zimbabwe

In this week’s blog post we discuss Zimbabwean law on contracts of guarantee. What is a contract of Guarantee? In simple terms a guarantee contract is an autonomous agreement between the guarantor and the creditor. It is essentially a promise by one party (the “guarantor”) that a second party (the “principal debtor”) will fulfil his

REMEDIES FOR BREACH OF CONTRACT

In this week’s blog, we will be discussing remedies that are available to an aggrieved party in instances where there is a breach of contract. A breach of contract occurs when a party to an agreement fails to fulfil any of the agreed-upon terms and conditions of the contract. When this occurs, the aggrieved party